I can't find the will
First: it's more common than you think, and it's almost never the end of the world. Most missing wills turn up in one of about a dozen ordinary places. Here's the search you actually need to do.
The fifteen places people actually keep wills
Home filing cabinet, desk drawers, fireproof safe.
Safe deposit box at the bank — though some states require a court order or special procedure to open it after death.
With the lawyer who drafted it. Call any attorney the decedent worked with, especially the one who handled real-estate closings or trusts.
On file with the probate court, register of wills, or surrogate's office in some states (a will deposit, while the person was still alive).
Online estate-planning service account — LegalZoom, Trust & Will, Rocket Lawyer. Check the email archive for activation messages.
With the executor named in the will, if it isn't you.
With a financial advisor or accountant.
If you find a copy but not the original
Most courts strongly prefer the original. A copy can sometimes be admitted to probate, but the procedure is more involved and the outcome is less certain.
Don't sign, modify, or staple the copy. Bring it to a probate attorney as-is.
If there is no will
The estate is administered under your state's intestate succession rules. The court appoints an administrator (often a close relative) and the assets pass according to a statutory order — typically spouse and children first.
You'll petition for Letters of Administration instead of Letters Testamentary. The procedural steps are otherwise similar.
This is also when family disagreements get loud. A neutral probate attorney is worth the cost.
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Related tasks
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- Get Letters TestamentaryLetters Testamentary are the court document that proves you're the legal executor. You'll need them to do almost anything financial.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.